Legislature(1993 - 1994)
03/02/1993 03:32 PM Senate TRA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE TRANSPORTATION COMMITTEE
March 2, 1993
3:32 p.m.
MEMBERS PRESENT
Senator Bert Sharp, Chairman
Senator Randy Phillips, Vice Chairman
Senator Tim Kelly
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Jay Kerttula
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 25
Relating to implementation of the Aleutian Trade Act of
1990.
SENATE CONCURRENT RESOLUTION NO. 2
Relating to certification of the Alaska State Legislature's
opposition to requiring suspension of a driver's license for
drug offenses.
PREVIOUS SENATE COMMITTEE ACTION
HJR 25 - No previous action to record.
SCR 2 - No previous action to record.
WITNESS REGISTER
Representative Carl Moses
Alaska State Legislature
State Capitol Building, Room 204
Juneau, Alaska 99801
POSITION STATEMENT: Sponsor of HJR 25.
Katie McHugh, Special Assistant
Department of Transportation
and Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Answered questions on SCR 2.
Keith Gerkin, Deputy Commissioner
Department of Transportation
and Public Facilities
3132 Channel Drive
Juneau, Alaska 99801-7898
POSITION STATEMENT: Testified in support of SCR 2.
Lorn Campbell, Executive Director
Department of Public Safety
Highway Safety Planning Agency
P.O. Box 111200
Juneau, Alaska 99811-1200
POSITION STATEMENT: Testified in support of SCR 2.
ACTION NARRATIVE
TAPE 93-10, SIDE A
Number 001
CHAIRMAN SHARP called the Senate Transportation Committee to
order at 3:32 p.m.
The first order of business was HJR 25 (IMPLEMENTING
ALEUTIAN TRADE ACT OF 1990), sponsored by Representative
Carl Moses.
REPRESENTATIVE MOSES said he introduced HJR 25 to bring the
attention of the Coast Guard to the Aleutian Trade Act
passed in 1990. Currently, there are proposed regulations
to implement the Commercial Fisheries Industry Vessel Safety
Act of 1988. There is the tendency to overlook the Aleutian
Trade Act. The resolution requests that the exemptions be
used that were provided for in the Aleutian Trade Act so
that fish tender vessels may keep operating. Representative
Moses said the new proposed regulations would put fish
tender vessels out of business. The Aleutian Trade Act
would allow exemptions that would permit them to operate
until 2003.
There being no further testimony on the measure, SENATOR
KELLY moved and asked unanimous consent to pass HJR 25 out
of the Senate Transportation Committee with individual
recommendations. Hearing no objection, the motion passed.
Number 060
The last order of business was SCR 2 (FEDERAL-AID HWY
FUNDING/DRUG ENFORCEMENT). CHAIRMAN SHARP referred to the
bill and said there are two options that the Federal
Intermodel Surface Transportation Efficiency Act (ISTEA)
gives states. One is to pass a bill on revocation of
drivers licenses for most controlled substance convictions.
The other is SCR 2 which says that the legislature feels
that substance abuse laws are already on the books. He said
it expresses actions of Congress to coerce states into
passing an ineffective laws that are inappropriate.
Chairman Sharp indicated that the preferred course is a
senate bill that has been introduced which would accommodate
the federal mandate. The bill is currently in Senate
Judiciary Committee. He noted that SCR 2 was scheduled in
the Senate Transportation Committee to allow the Department
of Public Safety, Division of Motor Vehicles, to testify on
the resolution approach. Senator Sharp pointed out that in
the committee member's packets is a position paper and a
fiscal note that discusses what the penalty would be of the
senate bill or resolution does not pass the legislature in a
timely manner. Chairman Sharp asked how many other states
have passed similar resolutions in lieu of the bill.
KATIE MCHUGH, Special Assistant, Department of
Transportation and Public Facilities (DOT/PF), said she
believes approximately six states have passed a resolution,
but there are several states that are currently working on a
resolution. Chairman Sharp said he thinks that there are
about thirteen states that have submitted legislation and
only three bills have been accepted by the federal
government as being adequate to accommodate the law.
SENATOR LINCOLN said if the resolution is passed, the state
will not have to give up any ISTEA funding.
KEITH GERKIN, Deputy Commissioner, DOT/PF, said in addition
to the resolution, the governor needs to sign a letter to
the federal secretary certifying that he is in agreement
with the legislative action. He noted that the governor is
in agreement. He said the penalty is $10 to $20 million
depending on which year it is. The department doesn't care
which method is used as long as a bill or resolution is
passed. Mr. Gerkin said the federal law requests that the
states adopt a bill by April 1. As a practical matter, it
would be the beginning of the next federal fiscal year when
the penalty would be assessed which is October 1, 1993.
They would withhold about $10 million of federal highway
funds for that year and it would rise to $20 million in
future years.
Senator Lincoln said she would be opposed to requiring a
drivers license to be pulled for drug offenses if they are
not involved in the use of a vehicle. She said she supports
the resolution.
LORN CAMPBELL, Executive Director, Department of Public
Safety Highway Safety Planning Agency, said the department
supports either vehicle that will save money for DOT/PF.
Number 303
There being no further testimony on the resolution, SENATOR
LINCOLN moved to pass SCR 2 out of the Senate Transportation
Committee with individual recommendations and the
accompanying fiscal note. Hearing no objection, the motion
carried.
There being no further business to come before the Senate
Transportation Committee, CHAIRMAN SHARP adjourned the
meeting at 4:53 p.m.
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